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FAQs: Negligence

Medical Negligence Chart

Q: What is negligence and how is it proven?

A: There are three elements of negligence:

  • Someone must owe you a duty to act, or to not act, in a certain way.
  • Someone must fail to uphold one of those duties owed to you.
  • Failure to uphold these duties must cause you some kind of damage.

Q: What is an example of a person acting negligently?

A: Drivers owe a duty to other drivers, pedestrians, and property owners to drive in a safe manner and not cause injury or damage. The Rules of the Road are what all drivers must observe to ensure the safety of our roadways.

Q: What is an example of negligence other than a car crash?

A: A property owner could be found negligent if they failed to clean up a spill or repair a portion of their property that they know will be dangerous to people entering their property. Examples include slipping on ice or a slippery floor, falling down a poorly maintained or poorly lit flight of stairs, and being struck by a falling object.

Q: How are damages proven in a negligence case?

A: Damages must be proven in a court of law through testimony, documents, and/or expert witnesses. At the end of the trial, the jury will decide how much to compensate you for the damages you suffered because of the defendant’s negligence.

Q: What kind of verdict would a jury return based on these three elements of negligence?

A: What may seem like clear negligence to you may not be as clear to twelve strangers sitting in a jury box. An experienced New Hampshire personal injury attorney at the Law Office of Manning Zimmerman & Oliveira PLLC will identify problems with convincing a jury, and will explain the challenges in your case before you enter a courtroom.

Q: What is my responsibility as a plaintiff in a personal injury lawsuit?

A: As a plaintiff in a negligence action, you and your attorney are responsible for proving to the jury that the defendant was negligent and directly caused you harm or damage as a result of his or her negligence.

Contact a New Hampshire Injury Attorney

If you or a loved one have been injured due to the negligence of another party, contact the New Hampshire injury attorneys at the Law Office of Manning Zimmerman & Oliveira PLLC at 603-624-7200. As always, initial consultations are free.

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